H.R. 3722: Do or Dye Act

Summary of the Do or Dye Act

The Do or Dye Act aims to amend existing laws regarding food safety, specifically relating to the use of certain food color additives. This bill outlines provisions that classify specific color additives as unsafe for consumption in food products.

Key Provisions

• Effective Dates: The act distinguishes between two categories of color additives: qualified color additives and covered color additives, each with their respective enforcement dates.
• Qualified Color Additives: Beginning on December 31, 2025, specified qualified color additives will be considered unsafe for use in food. Any food product that contains these additives will be deemed adulterated, meaning it does not meet safety standards outlined in the Federal Food, Drug, and Cosmetic Act.
• Covered Color Additives: Starting on December 31, 2026, covered color additives will similarly be regarded as unsafe for food usage, and any food containing these substances will also be classified as adulterated.

Definitions of Color Additives

• Covered Color Additives: Includes:
  • Red No. 40
  • Yellow No. 5
  • Yellow No. 6
  • Green No. 3
  • Blue No. 1
  • Blue No. 2
  • Any similar additive to those listed above.
• Qualified Color Additives: Includes:
  • Citrus Red No. 2
  • Orange B
  • Any similar additive to those listed above.

Impact

This act emphasizes food safety by enforcing a ban on specific color additives that may pose health risks. Foods containing these additives will no longer be allowed to be marketed or sold, subject to the outlined timelines for enforcement, prompting manufacturers to reformulate their products.

Relevant Companies

• KO (Coca-Cola Company): May need to reformulate products using banned color additives.
• PEP (PepsiCo, Inc.): Likely to be affected in terms of reformulating beverages and snacks containing prohibited color additives.
• MCD (McDonald's Corporation): Could impact menu items that utilize certain color additives for food appearance.